UNION OF INDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LD . Counsel Mr PH Pathak appears for the respondent no. 2 on caveat and, therefore, he has also filed affidavit-in-reply with relevant supporting documents on record. Since pleadings are over and since the matter is pertaining to the pensionary benefits of respondent no. 2, both the parties have agreed to take up the petition for final hearing though it is listed for admission. Hence, RULE. Mr. NJ Shah, Ld. AGP and Mr. PH Pathak, Ld. Counsel waive service of rule for the respondent nos. 1 and 2 respectively.

(2.) HEARD Mr. P S Champaneri, Ld. Asstt. Solicitor General of India for the petitioner, Mr. NJ Shah, Ld. AGP for the respondent no. 1 ­ State and Mr. PH Pathak, Ld. Counsel for the respondent no. 2 at length and perused the record.

(3.) BEING aggrieved by such judgment and order dated 19/9/2012 in Original Application No. 167/2011, the petitioner has preferred this petition.